Fitch v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) In an action against a telegraph company for negligence in failure to deliver a telegraph message, the addressee is entitled to recover all damages for loss of time and traveling expenses which result to him by reason of a failure to deliver the message. Bliss v. Telegraph Co., 30 Mo. App. 103; McCarty v. Telegraph Co., 116 Mo. App. 441; gee v. Telegraph Co., 51 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) In an action against a telegraph company for negligence in failure to deliver a telegraph message, the addressee is entitled to recover all damages for loss of time and traveling expenses which result to him by reason of a failure to deliver the message. Bliss v. Telegraph Co., 30 Mo. App. 103; McCarty v. Telegraph Co., 116 Mo. App. 441; gee v. Telegraph Co., 51 Mo. App. 575. (2) It is negligence on the part of a telegraph company if it fails to use ordinary care to deliver a telegraph message to the addressee as…
1Opinion of the CourtNortoni, J.
This is a suit for damages on account of an alleged breach of contract for the transmission and delivery of a telegraph message. After hearing the proof, the court gave judgment against defendant for nominal damages only and plaintiff prosecutes the appeal.
It appears plaintiff was at Twin Falls, Idaho, negotiating as to the establishment of a mill at that point and had written a letter to J. C. McCaskill of St. Louis, Missouri, to telegraph him about some business matter. As to the contents of the letter mentioned nothing appears in the evidence and with it we are not concerned. It may be…
2Cases cited9 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Postal Telegraph Cable Co. v. LathropIllinois Supreme Court · 1890
- Lee v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Barrett v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1922
- Lakube v. CohenMassachusetts Supreme Judicial Court · 1939
- Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.